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Consumer, lender groups seen scrutinizing Fed's new mortgage rules

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The U.S. Federal Reserve will issue new rules next week aimed at protecting future homebuyers from questionable lending practices.

Fed Chairman Ben Bernanke provided a preview of the Fed's new rules during a speech Tuesday at the FDIC Forum on Mortgage Lending for Low/Moderate Income Households in Arlington, Va. Under the Fed's authorities, the Home Ownership and Equity Protection Act, the rules -- which will apply to all lenders, not just banks -- are expected to, among other reforms:
  • Restrict lenders from penalizing high-risk borrowers who pay off loans early.
  • Bar lenders from making loans without proof of a borrower's income.
  • Require lenders to make sure that borrowers set aside money to pay for taxes and insurance.
'Front end' / 'back end' ratios deemed key

Economist Peter Dawson told BloggingStocks he's taking "a wait-and-see approach" regarding the Fed's mortgage regulation revisions. "This set of revised regulations could be, arguably, the most important federal regulation change, in financial terms, since the last plan to maintain the solvency of the Social Security trust fund," Dawson said.


Of critical importance, in Dawson's interpretation, will be any new regulations and/or regulation changes regarding the 'front-end' (mortgage debt to income) and 'back-end' (all household debt to income) debt ratios. In conjunction with income, down payment and FICO scores (commonly known as credit scores), the ratios determine the maximum an adult can borrow, Dawson said.

Lenders and consumer groups are likely to critique the Fed's new regulations in a number of areas, Dawson said, with the biggest battles centering on debt ratios, if addressed by the Fed.

During the 2002-2007 housing boom ratios varied wildly across the nation, Dawson said. "As housing prices kept rising at 10% and 15% annual rates, we went from a mortgage system where debt ratios were raised, then, in some markets and loan types, ignored," Dawson said. "This could only end badly and it did with the rise in mortgage foreclosures, so it will be interesting to see how the Fed addresses debt ratios."

Housing Analysis: Without question, given housing's importance in the U.S. economy, next week's new/revised mortgage regulations will be a "public policy action of significance" by the United States. The Fed has to come with a plan that's fair, transparent, and conducive to expanding home ownership, while also not restricting a lender's ability to recruit loans and profit from loans. And the Fed has to do this in an election year, with a U.S. Congress (and probably two presidential candidates) ready to pounce on any restrictive, problematic, or ill-conceived reform. That's not a light task. Here's hoping the Fed gets it right with its first announced reforms.

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Last updated: July 10, 2009: 02:05 PM

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